IN THE HIGH COURT OF JUDICATURE AT PATNA
MADHURESH PRASAD, J.
Abhishek Kumar, S/o Lalan Roy – Appellant
Versus
The Union of India – Respondent
Civil Writ Jurisdiction Case No.10824 of 2022
Decided on : 30-11-2022
Mistake - Selection Process - The court upheld the rejection of a candidate from the selection process for a government position due to a mismatch in the candidate's father's name on the application form and the O.B.C. certificate, emphasizing the need for strict compliance with the terms and conditions of the advertisement and general instructions for filling up application forms.
Fact of the Case:
The petitioner was rejected from the selection process for a government position due to a mismatch in the candidate's father's name on the application form and the O.B.C. certificate.
Finding of the Court:
The court found that the rejection was justified based on the terms and conditions of the advertisement and general instructions for filling up application forms, and dismissed the writ application.
Issues: Mismatch in candidate's father's name on the application form and the O.B.C. certificate, compliance with terms and conditions of the advertisement and general instructions for filling up application forms.
Ratio Decidendi: Strict compliance with the terms and conditions of the advertisement and general instructions for filling up application forms is necessary, and a mismatch in essential details can be a valid basis for rejection from the selection process.
Final Decision: The writ application was dismissed.
JUDGMENT :
Heard learned counsel for the petitioner and learned counsel for the respondent-Union of India.
2. A supplementary counter affidavit (hard copy) has been filed which is taken on record.
3. The petitioner has participated in the process of selection conducted for appointment of Navik (GD). The petitioner has been declared successful at the Stage-I (written Test) and forwarded for being subjected to physical Test (Stage -II). At this stage, documents are also verified. During this process, it emerged that the petitioner has filled up his application form by writing his father’s name as ‘Lalan Roy’. The O.B.C. certificate, in support of his claim for reservation, shows the petitioner’s father name as ‘Lalan Ray’. It is this mismatch in petitioner’s father name which had led to his ouster from the process of selection.
4. Petitioner’s counsel submits that the same is a trivial mistake and inconsequential. In view of the mistake being apparent, the petitioner should not have been ousted from the process of selection as the petitioner’s identity with reference to his father’s name could have been ascertained during verification at the later stage of the recruitment procedure by the Authority issuing the certificate.
5. The learned counsel for the Union of India, on the other hand, submits that all candidates were sensitized regarding maintaining strict vigil and diligence while filling up the application forms. The general instructions issued to the candidates, in fact, contained examples of such mismatch, as has occurred in the instant case, to be one of the common reasons for rejection of candidature. Others, who have committed similar mistake, have also been rejected as has been stated in paragraph No. 8 of the counter affidavit filed by the Union of India. It is, thus, submitted that in view of the admitted mistake/mismatch in petitioner’s father name and the same being a valid basis for rejection under the terms of Advertisement and general instructions issued to the candidates, the petitioner cannot claim the mismatch/mistake be ignored, as trivial as it may be. It is further submitted that process of selection now has advanced. The candidates after Stage-III have already been sent for training in August, 2022.
6. On consideration of the rival submission, this Court would find that the submission of the learned counsel for the Union of India is correct with reference to the terms and condition of the Advertisement and general instructions issued for filling up of application forms. The same specifically warrants strict vigil and diligence at the stage of filling up of application forms and contains a clause that if the name of the candidate in the application is not as per the educational certificates/vote ID card or the caste certificate, then the same would be a reason for rejection of the candidature during document verification. The petitioner, admittedly, has committed a mistake leading to a mismatch in his father’s name between that entered by him in his application with that which is written on the O.B.C. certificate. Therefore, this Court, having regard to the fact that other similarly situated as the petitioner have also been rejected, would find that the petitioner has no case for claiming that the mistake/mismatch be overlooked/ignored in the process of selection. If this Court were to direct that such mistake be ignored then a candidate who has not committed any such mistake in the process of selection would now be required to make way to accommodate the petitioner which would be a totally inequitable circumstance. No case is made out.
7. The writ application stands dismissed.
Strict compliance with the terms and conditions of the advertisement and general instructions for filling up application forms is necessary, and a mismatch in essential details can be a valid basis f....
No deviation from the terms and conditions of the advertisement and rules for the recruitment would be permitted.
Strict adherence to recruitment application requirements is essential to maintain integrity and fairness; candidates cannot be excused from disqualification due to inadvertent errors.
Trivial mistakes in application forms should not disqualify candidates from selection processes, especially when original documents verify their claims.
Candidates are responsible for the accuracy of information in their application forms, and the terms and conditions of the advertisement cannot be changed or altered.
Administrative authorities must comply strictly with recruitment criteria to prevent injustice, even in cases of inadvertent errors, as arbitrary rejections undermine fairness and transparency in pub....
The blame lies at door of official of petitioners, who had drafted OMR sheet and not with candidate who has followed instructions given in box no.7 of the OMR sheet. It is reiterated here that there ....
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